Steam ironing over the crumpled shirt - called the Indian democracy...

Monday, April 27, 2009

Legally – Jammu and Kashmir not part of India!

What bunch of hypocrite patriots we are…

Every time we see maps like this, our blood boils.

Every time CNN lops off India’s head in its maps – we call it pro-Pakistani.

Every edition of Time Magazine and every edition of the Britannica Encyclopaedia, coming into India- still have these ‘wrong’ map stamped out.

Technically, you would assume that it would be unpatriotic, blasphemous and downright illegal to use such an ‘incorrect’ map.

Not totally.

Ever wondered what does the law of the land say about the Status of Jammu and Kashmir? The troubled state may be the centre of attention of every governmental agency, but legally speaking it’s not part of India(!!)

Surprised?

Look up the definition of India, as given by in various central acts (part-B states (laws) act 1951). The Central acts define India as "the territory of India excluding the state of Jammu and Kashmir." And we were wondering what Pakistan was making such a hue and cry about!!! Most of the central acts like Indian Penal Code, the Indian Evidence Act etc. describe India as territory of India excluding J&K and most of the acts have been made inapplicable to the border state….its not the act - but the wording that is worrisome.

Ofcourse I am not stating anything new – back in 2007 two petitioners form J&K, B S Billowria and Manzoor Ali Khan filed a petition in the Supreme Court, contending that the separatists, militants, secessionists and supporters of Pakistan in J&K were misusing the definition to impress upon the people -- that Jammu and Kashmir was not an integral part of India.

Interestingly the Supreme Court dismissed a petition that was questioning the basic validity of the definition of ‘India’….True that Jammu and Kashmir requires special provisions, true that our legal definition does not give Pakistan the right to show Kashmir as part of its territory….but the some of the fault lies on this side of the LoC too!

The world perceives parts of Jammu and Kahsmir as a hot-spot/disputed territory. We could make a start towards clearing that perception by NOT wording our laws so blatantly – so blatant that it gives ammunition to anti national forces and sends confusing signals to the international community. No wonder they continue to print wrong maps of India – because we continue to be confused over our position on J&K.


5 comments:

Pratik said...

After the cease fire in Kashmir in 1948 the UN had asked the Indian forces to conduct polls, so as to accede Kashmir to the state where its inhabitants wanted it to be. The poll was never conducted. And look what we have created for those living there. A mere conflict of nations has led to devastation of life of thousands of people who live there. I wonder why men are so materialistic and why land is so coveted. Is it more important than the human race??

Rajeev said...

Hi Akash

Interesting thoughts. I agree with you completely!

Invite you to visit my blog at rajeevmahajan.com

Regards

sherene said...

Somehow, the China issue is not nearly glamorous enough for mainstream media or the masses to pay attention to, and therefore, politicians see no incentive in trying to put in place preventive measures...

Anonymous said...

Your blog keeps getting better and better! Your older articles are not as good as newer ones you have a lot more creativity and originality now keep it up!

Shafakat said...

My name is Shafakat from Srinagar.
thanks to people u understand the problems rather than just being emotional yes we kashmiris want the right to self determination and we hope the people of india will help us in this.

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NEW DELHI, NCR, India
Over the last few years I’ve had opportunity of covering some of the biggest stories in India. I specialize in conflict reporting and political coverage, be it 26/11 attacks or the Mangalore air crash, West Bengal elections or the protestations of Anna Hazare. You can catch me on Headlines Tonight @ 8pm weeknights on Headlines Today or follow me on twitter @akashbanerjee. I am a voracious reader and my first book, is due to hit the stands later this year. You can track my photo-blog on www.flickr.com/photos/akash